A former Allegheny County councilman who was convicted of conning a client out of thousands of dollars got his sentencing postponed Monday after his lawyer asked the judge to remove himself from the case, claiming bias and prejudice.

Charles McCullough is facing jail time after being found guilty by a judge on five felony and five misdemeanor counts for taking money from an elderly woman's account. Sentencing has been pushed back to Dec. 17.

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McCullough's attorney, Megan Will, who took the case last week, filed a motion Friday asking Judge Lester Nauhaus to recuse himself. The motion claims personal bias and prejudice, as well as ex parte communication -- saying that Nauhaus had a conversation about the case during the trial without the other party present.

The judge said he's frustrated by the case, which he has had for a year, but granted the motion from McCullough's attorney.

Family members and friends were circled in prayer outside the courtroom Monday, telling Pittsburgh's Action News 4 that McCullough should not be sent to jail.

"If this judge had any inclination that he was going to incarcerate Mr. McCullough, he'd be totally wrong because of the fact that this man is totally not a threat to society," said Matt Drozd, a friend and former councilman.

The District Attorney's Office released the following statement regarding the motion for recusal by McCullough's attorney.

"This pleading raises serious legal implications for the judge, the defendant's former attorney and the defendant himself. It also is significant that the defendant has alleged possible violation of the Code of Judicial Conduct. A fair reading of the arguments, if true, as alleged by the defendant, establish that the people of this commonwealth were to be denied a fair and objective forum to determine the accused criminal culpability in such a serious matter, the financial exploitation and abuse of a 90-year-old woman."